Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1142A

Repayment or recovery of debt after pension loans scheme ceases to operate

  (1)   The debt owed by a person under section   1135, at the time the pension loans scheme ceases to operate in relation to the person by operation of section   1141, 1141A or 1142, may be repaid by the person at any time.

Note 1:   Section   1141 provides that a person ceases to participate in the scheme if the debt owed by the person exceeds the maximum loan available.

Note 1A:   Section   1141A provides that the scheme ceases to operate in relation to a person if the Secretary is satisfied that the person ceases to be qualified to participate in the scheme and the Secretary determines that the scheme ceases to operate in relation to the person.

Note 2:   Section   1142 provides for a person to withdraw from the scheme.

  (2)   If the debt owed by the person is not repaid by the person at the time the scheme ceases to operate in relation to the person, compound interest continues to accrue, and forms part of the debt, in accordance with Step 4 of the Method statement in subsection   1135(3), until the debt is repaid or recovered.

  (3)   If the debt is not repaid under subsection   (1) of this section, subject to section   1139 the Commonwealth is entitled to recover the debt.

Note:   Section   1139 provides that a debt cannot be recovered from a person until after the person's death.


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